111 Virginia Tech

Request for Proposal # 0052865

For

Speedo Swimming Equipment and Apparel

November 3, 2017 Note: This public body does not discriminate against faith-based organizations in accordance with the Code of Virginia, § 2.2-4343.1 or against a bidder or offeror because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment.

RFP 0052865 GENERAL INFORMATION FORM

QUESTIONS: All inquiries for information regarding this solicitation should be directed to: Daysha Holmes, Contracts Specialist, Phone: (540) 231-1269 e-mail: daysha94@vt.edu

DUE DATE: Proposals will be received until Friday, December 1, 2017 at 3:00 PM. Failure to submit proposals to the correct location by the designated date and hour will result in disqualification.

ADDRESS: Proposals should be mailed or hand delivered to: Virginia Polytechnic Institute and State University (Virginia Tech), Procurement Department (MC 0333) North End Center, Suite 2100, 300 Turner Street NW, Blacksburg, Virginia 24061. Reference the due date and hour, and RFP Number in the lower left corner of the return envelope or package.

Please note that USPS is delivered to a central location and is not delivered directly to Procurement. Allow extra time if sending proposal via USPS. It is the vendor's responsibility to ensure proposals are received in the Procurement office at the appropriate date and time for consideration.

TYPE OF BUSINESS: (Please check all applicable classifications). If your classification is certified by the Virginia Department of Small Business and Supplier Diversity (SBSD), provide your certification number: For assistance with SWaM certification, visit the SBSD website at http://sbsd.virginia.gov/.

Large

Small business - An independently owned and operated business which, together with affiliates, has 250 or fewer employees or average annual gross receipts of $10 million or less averaged over the previous three years. Commonwealth of Virginia Department of Small Business and Supplier Diversity (SBSD) certified women-owned and minority-owned business shall also be considered small business when they have received SBSD small business certification.

Women-owned business - A business concern that is at least 51 % owned by one or more women who are U. S. citizens or legal resident aliens, or in the case of a corporation, partnership, or limited liability company or other entity, at least 51 % of the equity ownership interest is owned by one or more women who are citizens of the United States or non-citizens who are in full compliance with the United States immigration law, and both the management and daily business operations are controlled by one or more women who are U. S. citizens or legal resident aliens.

Minority-owned business - A business concern that is at least 51 % owned by one or more minority individuals (see Section 2.2-1401, Code of Virginia) or in the case of a corporation, partnership, or limited liability company or other entity, at least 51 % of the equity ownership interest in the corporation, partnership, or limited liability company or other entity is owned by one or more minority individuals and both the management and daily business operations are controlled by one or more minority individuals.

COMPANY INFORMATION/SIGNATURE: In compliance with this Request For Proposal and to all the conditions imposed therein and hereby incorporated by reference, the undersigned offers and agrees to furnish the goods or services in accordance with the attached signed proposal and as mutually agreed upon by subsequent negotiation.

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FULL LEGAL NAME (PRINT) FEDERAL TAXPAYER NUMBER (ID#) (Company name as it appears with your Federal Taxpayer Number)

BUSINESS NAME/OBA NAME/TA NAME BILLING NAME (If different than the Full Legal Name) (Company name as it appears on your invoice)

PURCHASE ORDER ADDRESS PAYMENT ADDRESS

CONTACT NAME/TITLE (PRINT) E-MAIL ADDRESS

TELEPHONE TOLL FREE TELEPHONE FAX NUMBER TO NUMBER NUMBER RECEIVE

E-PROCUREMENT ORDERS

Is any member of the firm an employee of the Commonwealth of Virginia who has a personal interest in this contract pursuant to the Code of Virginia, 2.2 - 3102 - 3112

YES ----- NO ____ _

SIGNATURE Date: --------------- -----------

Revised 07/01/2017

I. PURPOSE:

The purpose of this Request for Proposal (RFP) is to solicit proposals to establish a contract with an authorized Speedo Team Dealer through competitive negotiations for Swimming Apparel Products by Virginia Polytechnic Institute and State University (Virginia Tech), an agency of the Commonwealth of Virginia.

II. CONTRACT PERIOD:

111.

The term of this contract is for Four (4) year(s), or as negotiated. There will be an option for renewals, or as negotiated.

BACKGROUND:

Virginia Polytechnic Institute and State University (Virginia Tech) is located in Blacksburg, Virginia, approximately 40 miles southwest of Roanoke, Virginia, the major commercial hub of the area. In addition to the university's main campus in Blacksburg, major off campus locations include twelve agriculture experiment research stations, the Marion duPont Scott Equine Medical Center and graduate centers in Roanoke and Fairfax, Virginia. Regularly scheduled air service is provided at the Roanoke Regional Airport.

Dedicated to its motto, Ut Prosim (That I May Serve), Virginia Tech takes a hands-on, engaging approach to education, preparing scholars to be leaders in their fields and communities. As the Commonwealth's most comprehensive university and its leading research institution, Virginia Tech offers 240 undergraduate degree programs to more than 31,000 students and manages a research portfolio of nearly $513 million. The university fulfills its land-grant mission of transforming knowledge to practice through technological leadership and by fueling economic growth and job creation locally, regionally, and across Virginia.

The university has in place a sponsorship agreement with Nike which provides much of the athletic clothing that is required by our teams. There are, however, exceptions in the sponsorship contract for apparel that is specified in this solicitation.

The Virginia Tech Athletics Department and its Swimming / Diving Team have entered into a sponsorship agreement with Warnaco Swimwear Inc and desires to pursue a contract with an authorized distributor to supply apparel as it is outlined in the Warnaco agreement to serve their nationally competitive swimming team that competes in the Atlantic Coast Conference.

The winning distributor will secure apparel from Warnaco in accordance with the sponsorship agreement.

For a copy of the Warnaco agreement, please contact Warnaco or the buyer listed in this solicitation.

DEPARTMENTAL BACKGROUND

On July 1, 2004, Virginia Tech officially became a member of the prestigious Atlantic Coast Conference - a move that has helped the Hokie athletics program grow even stronger. Tech competes at the Division I level of the NCAA, and with a total of 22 varsity sports, 11 for men and 11 for women, Virginia Tech provides generous opportunities for athletes (and fans) to join the Hokie Nation. Prior to joining the ACC, Virginia Tech was a charter member of the BIG EAST Football Conference starting in 1991, and a member of the BIG EAST in all other sports except wrestling from 2001 to 2004.

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Virginia Tech Swimming is led by 2-Time ACC Men's Coach of the Year Ned Skinner who has amassed 284 victories in his 18 years as Head Coach with the Hokies. Both of his 2015-2016 squads finished in the top 25 at the NCAA Championships and in the top 5 at the ACC Championships. These program accomplishments are highlighted by the Men's squad winning the 2013-2014 ACC Championship.

IV. EVA BUSINESS-TO-GOVERNMENT ELECTRONIC PROCUREMENT SYSTEM:

The eVA Internet electronic procurement solution streamlines and automates government purchasing activities within the Commonwealth of Virginia. Virginia Tech, and other state agencies and institutions, have been directed by the Governor to maximize the use of this system in the procurement of goods and services. We are, therefore, requesting that your firm register as a vendor within the e VA system.

There are transaction fees involved with the use of eVA. These fees must be considered in the provision of quotes, bids and price proposals offered to Virginia Tech. Failure to register within the eVA system may result in the quote, bid or proposal from your firm being rejected and the award made to another vendor who is registered in the eVA system.

Registration in the eVA system is accomplished on-line. Your firm must provide the necessary information. Please visit the eVA website portal at http://www.eva.virginia.gov/pages/eva­registration-buyer-vendor.htm and register both with eVA and Ariba. This process needs to be completed before Virginia Tech can issue your firm a Purchase Order or contract. If your firm conducts business from multiple geographic locations, please register these locations in your initial registration.

For registration and technical assistance, reference the eVA website at: http://www.eva.virginia.gov, or call 866-289-7367 or 804-371-2525.

V. CONTRACT PARTICIPATION:

It is the intent of this solicitation and resulting contract to allow for cooperative procurement. Accordingly, any public body, public or private health or educational institutions, or Virginia Tech's affiliated corporations and/or partnerships may access any resulting contract if authorized by the contractor.

Participation in this cooperative procurement is strictly voluntary. If authorized by the Contractor, the resultant contract may be extended to the entities indicated above to purchase at contract prices in accordance with contract terms. The Contractor shall notify Virginia Tech in writing of any such entities accessing the contract, if requested. No modification of this contract or execution of a separate contract is required to participate. The Contractor will provide semi-annual usage reports for all entities accessing the Contract, as requested. Participating entities shall place their own orders directly with the Contractor and shall fully and independently administer their use of the contract to include contractual disputes, invoicing and payments without direct administration from

Virginia Tech. Virginia Tech shall not be held liable for any costs or damages incurred by any other participating entity as a result of any authorization by the Contractor to extend the contract. It is understood and agreed that Virginia Tech is not responsible for the acts or omissions of any entity, and will not be considered in default of the contract no matter the circumstances.

Please refer to Attachment B, Zone Map, if the offerer wishes to submit separate pricing structure based on approved zones for cooperative institutions. Refer to Attachment B for the approved Zone Map. If no other prices are offered, pricing provided will apply to all zones in the Commonwealth.

Use of this contract does not preclude any participating entity from using other contracts or competitive processes as the need may be.

VI. STATEMENT OF NEEDS:

Virginia Tech desires to partner with a licensed distributor to provide Speedo swimming apparel in compliance with both the campus NIKE contract and the sponsorship agreement with Warnaco.

A. Plan for providing equipment.

Please provide a detailed description of the apparel products and numbers that you will provide from Warnaco on an annual basis. Also indicate how you would interface with the team annually to introduce new product and evaluate the use of products received through the Warnaco (Speedo) Agreement. Desired products are as followed Items listed are subject to change.

For a copy of the Warnaco agreement, please contact Warnaco or the buyer listed in this solicitation.

PRODUCT NUMBER SPEEDO PRACTICE SUITS 125 SPEEDO DUAL MEET SUITS 75 SPEEDO CHAMPIONSHIP SUITS 70 SPEEDO SWIM CAPS 800 SPEEDO GOGGLES 130 SPEEDO SWIM DECK PARKAS 70 SPEEDO TRAINING AIDS INCLUDING BUT NOT LIMITED TO: BUOYS, KICKBOARDS, PADDLES, FINS SO/Each

8. Contractor's Approach: Describe in detail each of the following items.

1. Describe in detail your ability or approach to providing swimming equipment and apparel in accordance with a Warnaco Sponsorship Agreement.

2. Outline how you will implement the agreement with Warnaco and supply product outlined in the Warnaco agreement.

3. Provide catalog and/or link to electronic catalog of all available apparel and equipment being offered. Include published price list or instructions on how to access published price list electronically.

4. Specify any annual allotments of apparel and equipment that will be provided to the University free of charge. Describe ordering and delivery process of free items.

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5. Describe experience in working directly with athletic coaches to determine needs and provide athletic apparel and equipment. Include method for collaboration for the term of the resulting contract.

6. Describe in detail communication plan with Virginia Tech Swimming/Diving, specifically the method in which the University will stay informed of the status of pending orders.

7. Describe delivery options and policies, including in-stock, rush, and manufacturer order for the athletic apparel and equipment being offered. All orders shall be FOB destination. Include information regarding delivery costs and/or free delivery.

8. Describe ability to maintain sufficient stock for timely delivery.

9. Specify turnaround time for delivery (standard, rush, etc) of the apparel and equipment being offered.

10. Describe the process for replacement of defective, broken, or damaged athletic apparel and equipment. Include ability to provide replacement apparel and equipment within competition time restraints.

11. Describe quality control process.

12. Describe available warranties.

13. Describe embroidery and screen-printing services. Identify associated costs.

14. Identify any other offerings to the University with regards to discounts, incentives, etc.

15. List all contact information for ordering, invoicing, customer service, etc.

16. Include any other information which the Offerer feels the University should consider in the evaluation of the proposal.

17. State if you are currently licensed for the Virginia Tech brand in accordance with licensing guidelines outlined in the Special Terms and Conditions of this solicitation.

VII. PROPOSAL PREPARATION AND SUBMISSION:

A. Specific Requirements

Proposals should be as thorough and detailed as possible so that Virginia Tech may properly evaluate your capabilities to provide the required goods or services. Offerers are required to submit the following information/items as a complete proposal:

1. Experience, Resources, Plan for Services:

Describe your organization and experience in providing sponsorship and equipment to college swim teams. What other sponsorship accounts do you hold with institutions that are similar to Virginia Tech? In the enactment of the sponsorship, who, within your company will interface with Virginia Tech? Provide information regarding any expectations that you have of Virginia Tech in association with this agreement.

2. Provide your plan and methodology for providing the goods and services as described in Section VI. Statement of Needs and respond accordingly.

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3. Sponsorship Funding and partnership.

Provide information regarding the fulfillment of the Team Sponsorship Agreement with Warnaco Swimwear Inc.

4. Provide any costs to be incurred outside of the Team Sponsorship Agreement and outlined in Section V., Statement of Needs

Attach detailed pricing schedule that outlines all costs associated with the fulfillment of this agreement.

5. Participation of Small, Women-owned and Minority-owned Business (SWAM) Business:

If your business cannot be classified as SWaM, describe your plan for utilizing SWaM subcontractors if awarded a contract. Describe your ability to provide reporting on SWaM subcontracting spend when requested. If your firm or any business that you plan to subcontract with can be classified as SWaM, but has not been certified by the Virginia Department of Small Business and Supplier Diversity (SBSD), it is expected that the certification process will be initiated no later than the time of the award. If your firm is currently certified, you agree to maintain your certification for the life of the contract. For assistance with SWaM certification, visit the SBSD website at http://www.sbsd.virginia.gov/

6. The return of the General Information Form and addenda, if any, signed and filled out as required.

B. General Requirements

1. RFP Response: In order to be considered for selection, Offerers shall submit a complete response to this RFP to include;

a. One (1) original and Six (6) copies of the entire proposal, including all attachments. Any proprietary information should be clearly marked in accordance with 2.e. below.

b. One (1) electronic copy in WORD format or searchable PDF (CO or flash drive) of the entire proposal as one document, INCLUDING ALL ATIACHMENTS. Any proprietary information should be clearly marked in accordance with 2.e. below.

c. Should the proposal contain proprietary information, provide one (1) redacted hard copy of the proposal and attachments with proprietary portions removed or blacked out. This copy should be clearly marked "Redacted Copy" on the front cover. The classification of an entire proposal document, line item prices and/or total proposal prices as proprietary or trade secrets is not acceptable. Virginia Tech shall not be responsible for the Contractor's failure to exclude proprietary information from this redacted copy.

Response shall be submitted to:

Virginia Polytechnic Institute and State University (Virginia Tech) Procurement Department (MC 0333) North End Center, Suite 2100 300 Turner Street NW Blacksburg, Virginia 24061

Reference the Due Date and Hour, and RFP Number in the lower left hand corner of the return envelope or package.

No other distribution of the proposals shall be made by the Offerer.

2. Proposal Preparation:

a. Proposals shall be signed by an authorized representative of the Offerer. All information requested should be submitted. Failure to submit all information requested may result in Virginia Tech requiring prompt submission of missing information and/or giving a lowered evaluation of the proposal. Proposals which are substantially incomplete or lack key information may be rejected by Virginia Tech at its discretion. Mandatory requirements are those required by law or regulation or are such that they cannot be waived and are not subject to negotiation.

b. Proposals should be prepared simply and economically providing a straightforward, concise description of capabilities to satisfy the requirements of the RFP. Emphasis should be on completeness and clarity of content.

c. Proposals should be organized in the order in which the requirements are presented in the RFP. All pages of the proposal should be numbered. Each paragraph in the proposal should reference the paragraph number of the corresponding section of the RFP. It is also helpful to cite the paragraph number, subletter, and repeat the text of the requirement as it appears in the RFP. If a response covers more than one page, the paragraph number and subletter should be repeated at the top of the next page. The proposal should contain a table of contents which cross references the RFP requirements. Information which the offerer desires to present that does not fall within any of the requirements of the RFP should be inserted at an appropriate place or be attached at the end of the proposal and designated as additional material. Proposals that are not organized in this manner risk elimination from consideration if the evaluators are unable to find where the RFP requirements are specifically addressed.

d. Each copy of the proposal should be bound in a single volume where practical. All documentation submitted with the proposal should be bound in that single volume.

e. Ownership of all data, material and documentation originated and prepared for Virginia Tech pursuant to the RFP shall belong exclusively to Virginia Tech and be subject to public inspection in accordance with the Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by an Offerer shall not be subject to public disclosure under the Virginia Freedom of Information Act. However, to prevent disclosure the Offerer must invoke the protections of Section 2.2-4342F of the Code of Virginia, in writing, either before or at the time the data or other materials is submitted. The written request must specifically identify the data or other materials to be protected and state the reasons why protection is necessary. The proprietary or trade secret material submitted must be identified by some distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute trade secret or proprietary information. The classification of an entire proposal document, line item prices and/or total proposal prices as proprietary or trade secrets is not acceptable and may result in rejection of the proposal.

3. Oral Presentation: Offerers who submit a proposal in response to this RFP may be required to give an oral presentation of their proposal to Virginia Tech. This will provide an opportunity for the Offerer to clarify or elaborate on the proposal but will in no way change the original proposal. Virginia Tech will schedule the time and location of these

presentations. Oral presentations are an option of Virginia Tech and may not be conducted. Therefore, proposals should be complete.

VIII. SELECTION CRITERIA AND AWARD:

A. Selection Criteria

Proposals will be evaluated by Virginia Tech using the following:

Maximum Point Criteria Value

1. Quality of products/services offered and suitability for 20 the intended purposes

2. Qualifications and experiences of Offerer in providing 30 the goods/services

3. Specific plans or methodology to be used to provide the 15 Services

4. Cost (or Price) 25

5. Participation of Small, Women-Owned and Minority 10 (SWAM) Business

Total 100

B. Award

Selection shall be made of two or more offerers deemed to be fully qualified and best suited among those submitting proposals on the basis of the evaluation factors included in the Request for Proposal, including price, if so stated in the Request for Proposal. Negotiations shall then be conducted with the offerers so selected. Price shall be considered, but need not be the sole determining factor. After negotiations have been conducted with each offerer so selected, Virginia Tech shall select the offerer which, in its opinion, has made the best proposal, and shall award the contract to that offerer. Virginia Tech may cancel this Request for Proposal or reject proposals at any time prior to an award. Should Virginia Tech determine in writing and in its sole discretion that only one offerer has made the best proposal, a contract may be negotiated and awarded to that offerer. The award document will be a contract incorporating by reference all the requirements, terms and conditions of this solicitation and the Contractor's proposal as negotiated. See Attachment C for sample contract form.

Virginia Tech reserves the right to award multiple contracts as a result of this solicitation.

IX. INQUIRIES:

All inquiries concerning this solicitation should be submitted in writing via email, citing the particular RFP section and paragraph number. All inquiries will be answered in the form of an addendum. Inquiries must be submitted by 10:00 am on Tuesday, November 14, 2017. Inquiries must be submitted to the procurement officer identified in this solicitation.

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X. INVOICES:

Invoices for goods or services provided under any contract resulting from this solicitation shall be submitted by email to vtinvoices@vt.edu or by mail to:

Virginia Polytechnic Institute and State University (Virginia Tech) Accounts Payable North End Center, Suite 3300 300 Turner Street NW Blacksburg, Virginia 24061

XI. METHOD OF PAYMENT:

Virginia Tech will authorize payment to the contractor as negotiated in any resulting contract from the aforementioned Request for Proposal.

Payment can be expedited through the use of the Wells One AP Control Payment System. Virginia Tech strongly encourages participation in this program. For more information on this program please refer to Virginia Tech's Procurement website: http://www.procurement.vt.edu/vendor/wellsone.html or contact the procurement officer identified in the RFP.

XII. ADDENDUM:

Any ADDENDUM issued for this solicitation may be accessed at http://www.apps.vpfin.vt.edu/html.docs/bids.php. Since a paper copy of the addendum will not be mailed to you, we encourage you to check the web site regularly.

XIII. COMMUNICATIONS:

Communications regarding this solicitation shall be formal from the date of issue, until either a Contractor has been selected or the Procurement Department rejects all proposals. Formal communications will be directed to the procurement officer listed on this solicitation. Informal communications, including but not limited to request for information, comments or speculations regarding this solicitation to any University employee other than a Procurement Department representative may result in the offending Offerer's proposal being rejected.

XIV. CONTROLLING VERSION OF SOLICITATION:

The posted version of the solicitation and any addenda issued by Virginia Tech Procurement Services is the mandatory controlling version of the document. Any modification of/or additions to the solicitation by the Offerer shall not modify the official version of the solicitation issued by Virginia Tech Procurement Services. Such modifications or additions to the solicitation by the Offerer may be cause for rejection of the proposal; however, Virginia Tech reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject such a proposal.

XV. TERMS AND CONDITIONS:

This solicitation and any resulting contracUpurchase order shall be governed by the attached terms and conditions, see Attachment A.

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XVI. CONTRACT ADMINISTRATION:

A Michelle Collins, Assistant Athletics Director for Finance, at Virginia Tech or her designee, shall be identified as the Contract Administrator and shall use all powers under the contract to enforce its faithful performance.

B. The Contract Administrator, or their designee, shall determine the amount, quantity, acceptability, fitness of all aspects of the services and shall decide all other questions in connection with the services. The Contract Administrator, or their designee, shall not have authority to approve changes in the services which alter the concept or which call for an extension of time for this contract. Any modifications made must be authorized by the Virginia Tech Procurement Department through a written amendment to the contract.

XVII. ATTACHMENTS:

Attachment A - Terms and Conditions Attachment B - Zone Map for Cooperative Contracts Attachment C - Sample of Standard Contract Form

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ATTACHMENT A

TERMS AND CONDITIONS

RFP GENERAL TERMS AND CONDITIONS

See: http://www.procurement.vt.edu/content/dam/procurement vt edu/docs/terms/GTC RFP 07012017. pdf

ADDITIONAL TERMS AND CONDITIONS

A. ADDITIONAL GOODS AND SERVICES: The University may acquire other goods or services that the supplier provides other than those specifically solicited. The University reserves the right, subject to mutual agreement, for the Contractor to provide additional goods and/or services under the same pricing, terms and conditions and to make modifications or enhancements to the existing goods and services. Such additional goods and services may include other products, components, accessories, subsystems, or related services newly introduced during the term of the Agreement.

B. AUDIT: The Contractor hereby agrees to retain all books, records, and other documents relative to this contract for five (5) years after final payment, or until audited by the Commonwealth of Virginia, whichever is sooner. Virginia Tech, its authorized agents, and/or the State auditors shall have full access and the right to examine any of said materials during said period.

C. AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that Virginia Tech shall be bound hereunder only to the extent of the funds available or which may hereafter become available for the purpose of this agreement.

D. CANCELLATION OF CONTRACT: Virginia Tech reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon 60 days written notice to the Contractor. In the event the initial contract period is for more than 12 months, the resulting contract may be terminated by either party, without penalty, after the initial 12 months of the contract period upon 60 days written notice to the other party. Any contract cancellation notice shall not relieve the Contractor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of cancellation.

E. CONTRACT DOCUMENTS: The contract entered into by the parties shall consist of the Request for Proposal including all modifications thereof, the proposal submitted by the Contractor, the written results of negotiations, the Commonwealth Standard Contract Form, all of which shall be referred to collectively as the Contract Documents.

F. IDENTIFICATION OF BID/PROPOSAL ENVELOPE: The signed bid or proposal should be returned in a separate envelope or package and identified as follows:

From: ______________________________ _ Name of Bidder or Offerer

Street or Box No.

City, State, Zip Code

Name of Procurement Officer:

The envelope should be addressed to:

Due Date Time Due

Solicitation Number

Solicitation Title

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VIRGINIA POLYTECHNIC INSTITUTE AND STATE UNIVERSITY (Virginia Tech) Procurement Department (MC 0333) North End Center, Suite 2100 300 Turner Street NW Blacksburg, Virginia 24061

The offerer takes the risk that if the envelope is not marked as described above, it may be inadvertently opened and the information compromised, which may cause the proposal to be disqualified. Bids or Proposals may be hand delivered to the designated location in the office issuing the solicitation. No other correspondence or other bids/proposals should be placed in the envelope.

G. NOTICES: Any notices to be given by either party to the other pursuant to any contract resulting from this solicitation shall be in writing, hand delivered or mailed to the address of the respective party at the following address

If to Contractor: Attention:

If to Virginia Tech:

Address Shown On RFP Cover Page Name Of Person Signing RFP

Virginia Polytechnic Institute and State University (Virginia Tech) Attn: Daysha Holmes Procurement Department (MC 0333) North End Center, Suite 2100 300 Turner Street NW Blacksburg, Virginia 24061

and

Virginia Polytechnic Institute and State University (Virginia Tech) Attn: Michelle Collins Assistant Athletics Director for Finance Jamerson Athletic Center (0502) 21 Beamer Way Blacksburg, Virginia 24061

H. SEVERAL LIABILITY: Virginia Tech will be severally liable to the extent of its purchases made against any contract resulting from this solicitation. Applicable entities described herein will be severally liable to the extent of their purchases made against any contract resulting from this solicitation.

I. CLOUD OR WEB HOSTED SOFTWARE SOLUTIONS: For agreements involving Cloud-based Web-hosted software/applications refer to link for additional terms and conditions: http://www.ita.vt.edu/purchasing/VT Cloud Data Protection Addendum final03102017.pdf

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SPECIAL TERMS AND CONDITIONS

1. ADVERTISING: In the event a contract is awarded for supplies, equipment, or services resulting from this solicitation, no indication of such sales or services to Virginia Tech will be used in product literature or advertising. The contractor shall not state in any of the advertising or product literature that the Commonwealth of Virginia or any agency or institution of the Commonwealth has purchased or uses its products or services.

2. LICENSE TO USE VIRGINIA TECH LICENSED INDICIA: By signing and submitting this Proposal/Bid, the offeror/bidder agrees that if it is awarded a purchase order/contract as a result of this solicitation, it will follow the procedures outlined by Virginia Tech's Licensing and Trademarks Administration to become a licensed vendor authorized to use Virginia Tech licensed indicia identified in the solicitation and to follow all procedures for submitting artwork for product for approval prior to producing any product with Virginia Tech indicia. As a licensed vendor, the offeror/bidder will be required to pay the university's standard royalty rate for similarly licensed vendors. More information on the licensing process and application can be found at: http://clc.com/Licensing-Info. aspx.

3. RENEWAL OF CONTRACT: This contract may be renewed by Virginia Tech upon written agreement of both parties under the terms of the current contract, and at a reasonable time (approximately 90 days) prior to the expiration.

4. SUBCONTRACTS: No portion of the work shall be subcontracted without prior written consent of Virginia Tech. In the event that the contractor desires to subcontract some part of the work specified herein, the contractor shall furnish Virginia Tech the names, qualifications and experience of their proposed subcontractors. The contractor shall, however, remain fully liable and responsible for the work to be done by his subcontractor(s) and shall assure compliance with all requirements of the contract.

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ATTACHMENT 8

Zone Map

Oan,I~ : ,k !

;, '

Virginia Association of State College & University Purchasing Professionals (VASCUPP)

List of member institutions by zones

Zone 1 George Mason University (Fairfax)

Zone4 University of Mary Washington (Fredericksburg)

Zone7 Longwood University (Farmville)

Zone 2 James Madison University (Harrisonburg)

Zones College of William and Mary (Williamsburg) Old Dominion University (Norfolk)

Zones Virginia Military Institute (Lexington) Virginia Tech (Blacksburg) Radford Universi (Radford)

Zone 3 University of Virginia (Charlottesville)

Zone6 Virginia Commonwealth University (Richmond)

Zone9 University of Virginia - Wise (Wise)

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ATTACHMENT C

SAMPLE CONTRACT FORM

Contract Number:

Standard Contract form for reference only Offerors do not need to fill in this form

COMMONWEAL TH OF VIRGINIA STANDARD CONTRACT

----------

This contract entered into this __ day of 20_, by , hereinafter called the "Contractor" and Commonwealth of Virginia, Virginia Polytechnic Institute and State University called "Virginia Tech".

WITNESSETH that the Contractor and Virginia Tech, in consideration of the mutual covenants, promises and agreements herein contained, agrees as follows:

SCOPE OF CONTRACT: The Contractor shall provide the ______ to Virginia Tech as set forth in the Contract Documents.

PERIOD OF CONTRACT: From ___________ through----------

COMPENSATION AND METHOD OF PAYMENT: The Contractor shall be paid by Virginia Tech in accordance with the contract documents.

CONTRACT DOCUMENT: The Contract Documents shall consist of this signed contract, Request For Proposal Number dated , together with all written modifications thereof and the proposal submitted by the Contractor dated and the Contractor's letter dated , all of which Contract Documents are incorporated herein.

In WITNESS WHEREOF, the parties have caused this Contract to be duly executed intending to be bound thereby.

Contractor: Virginia Tech

By: ______________ _ By:--------------

Title: Title: --------------- ---------------

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